Virginia law § 19.2-310.3:1 outlines the procedures for law enforcement to collect saliva or tissue samples for DNA analysis from arrested individuals. It specifies how samples should be collected, secured, documented, and transported to the Department of Forensic Science, emphasizing procedural compliance and storage in the DNA data bank. The law also provides protections against civil liability for authorized personnel following proper procedures.
Law enforcement agencies responsible for arrest booking are authorized to collect saliva or tissue samples following the procedures outlined in Virginia law.
Samples must be transported to the Department of Forensic Science within 15 days of collection.
Yes, officers are protected from civil liability as long as samples are taken according to recognized medical procedures and proper protocols.
If a sample is already stored, no additional sample is required from that individual.